Pre-nuptial Agreements

Is A Prenuptial Agreement After Marriage Possible?

Technically, a prenuptial agreement, also known as a premarital, antenuptial, prenup and/or prenupt, is a contract for couples intending on legally consummating their relationship. If the couple is already married, the agreement is called a postnuptial. Chances are the latter is more complex due to the circumstances involved with designating the collective assets of married couples, versus the individual assets of most engaged couples.

The word prenuptial is taboo in many relationships, but prenuptial and postnuptial agreements actually offer several advantages. They allow a couple to mutually divide and allocate all property and/or assets owned prior to marriage. Although this may be a sensitive topic to some, ultimately, the purpose of a prenuptial or postnuptial is to reduce stress, as well as legal costs, in a worse case scenario.

If you honestly think it will be difficult to talk about a prenuptial agreement with your mate, you might want to read on.

Is a Postnuptial Agreement Right for Me?

There are various answers for why people decide to get prenuptials or postnuptials. Of course the hope is that your prenuptial agreement will never be executed. But in the remote possibility that you ever appear in a court of law, the chances of the judge throwing the book at you will probably be minimized!

In certain U.S. states judges do not have to honor any of the nuptials presented in their courts. Some judges have the authority to only honor the fact you are legally married. Fortunately, many judges will generally respect the mutually agreed upon prenuptial of litigants.

A Sensitive Subject

The notion of a prenuptial might be inconvenient, but in the end, it truly could be beneficial for you and your spouse. A prenuptial and/or postnuptial agreement is probably the safest way for a couple to secure their assets, as well as your rights.

Discussing a prenuptial agreement with your mate could easily turn into a rather sticky situation, especially if you do not approach the topic correctly. Despite this, the agreement can be extremely beneficial for all parties, because it virtually excludes couples from having certain disputes.

Unfortunately, the longer you wait to learn about nuptials, the harder it might be to plan it later. The only thing left to do is consult a family law attorney to ease your anxiety, especially if this is a sensitive topic in your relationship.